32

 


Fourth Session, 45th General Assembly

56 Elizabeth II, 2007

BILL 32

AN ACT TO AMEND THE ELECTRICAL POWER
CONTROL ACT, 1994

Received and Read the First Time............................................................................ June 13, 2007

Second Reading.......................................................................................................... June 13, 2007

Committee.............................................................................................. Amendment June 14, 2007

Third Reading.............................................................................................................. June 14, 2007

Royal Assent......................................................................................................................................

HONOURABLE KATHY DUNDERDALE

Minister of Natural Resources

Ordered to be printed by the Honourable House of Assembly

  

EXPLANATORY NOTE

This Bill would amend the Electrical Power Control Act, 1994 to provide for the achievement of agreements between or among multiple users of a body of water for the purpose of achieving, with respect to the body of water, the policy objective set out in subparagraph 3(b)(i) of the Act.

A BILL

AN ACT TO AMEND THE ELECTRICAL POWER CONTROL ACT, 1994

Analysis


        1.   Ss.5.3 to 5.7 Added
5.3   Interpretation
5.4   Agreement to develop
        a source of power
5.5   Agreement imposed
5.6   Amendments to an
        agreement
5.7   Provision of an
        agreement void

        2.   S.32 Amdt.
Regulations

        3.   Commencement

 

 

 

 


Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

SNL1994 cE-5.1
as amended

        1. The Electrical Power Control Act, 1994 is amended by adding immediately after section 5.2 the following:

Interpretation

      5.3 In section 3, the phrase "all sources and facilities for the production, transmission and distribution of power in the province" shall be read as including sources of every kind, whether developed or undeveloped.

Agreement to develop a source of power

      5.4 (1) Two or more persons who have been granted rights by the province to the same body of water as a source for the production of power and who utilize, or propose to utilize, or to develop and utilize the body of water as a source for the production of power shall enter into an agreement for the purpose of achieving, with respect to the body of water, the policy objective set out in subparagraph 3(b)(i).

             (2)  Where 2 or more persons enter into an agreement under subsection (1), they shall refer the agreement to the public utilities board.

             (3)  The public utilities board may, with respect to an agreement submitted under subsection (2),

             (a)  approve the agreement;

             (b)  approve the agreement subject to the changes the board may require; or

             (c)  refuse to approve the agreement.

             (4)  In the exercise of its authority under subsection (3), the public utilities board shall satisfy itself that the agreement meets the policy objectives set out in subparagraph 3(b)(i).

Agreement imposed

      5.5 (1) Where 2 or more persons to whom subsection 5.4(1) applies fail to enter into an agreement within a reasonable time, one or more of them may apply to the public utilities board to establish the terms of an agreement between them.

             (2)  Where an application is made to the public utilities board under subsection (1), the board shall establish the terms of an agreement for the purpose of achieving the policy objective set out in subparagraph 3(b)(i).

             (3)  An agreement established by the public utilities board under subsection (2) is binding on the persons named in the agreement.

Amendments to an agreement

      5.6 (1) An agreement approved by the public utilities board under subsection 5.4(3) or established under subsection 5.5(2) may not be amended by the persons to whom the agreement applies without the prior approval of the public utilities board.

             (2)  The public utilities board may require reporting commitments, and impose monitoring requirements, as it considers appropriate, to ensure that the persons to an agreement approved by the public utilities board under subsection 5.4(3) or established under subsection 5.5(2) comply with the terms and conditions of the agreement.

             (3)  Where the public utilities board believes that one or more of the persons to an agreement approved by the board under subsection 5.4(3) or established under subsection 5.5(2) has failed to comply with the terms and conditions of the agreement, the public utilities board may, independent of any of the rights or remedies available to the persons to the agreement,

             (a)  order the defaulting person to comply with the terms and conditions of the agreement; and

             (b)  exercise a contractual remedy that may be available to a person who is a party to the agreement as if it were a party to the agreement.

Provision of an agreement void

      5.7 A provision of an agreement referred to in section 5.4 or 5.5 shall not adversely affect a provision of a contract for the supply of power entered into by a person bound by the agreement and a third party that was entered into before the agreement under section 5.4 or 5.5 was entered into or established, or a renewal of that contract.

 

        2. Section 32 of the Act is amended by adding immediately after paragraph (b) the following:

          (b.1)  respecting the criteria and required terms and conditions for an agreement under sections 5.4 or 5.5, and another matter required to carry out the intent and purpose of an agreement under section 5.4 or 5.5;

Commencement

        3. This Act or a section or subsection of this Act comes into force on a day to be proclaimed by the Lieutenant-Governor in Council.